Evening Star Newspaper, April 16, 1926, Page 4

ENNING’S LETTER TO MADDEN, . REPLYING TO BLANTON CHARGES Commissioner Makes Public Correspondence With # Texas Representative in Detailed Answers __(Continued_from Second Page) <onducted by the House of Represent- atives 20 years ago. The committee in charge of that investigation made due report to the House. ‘The cases specifically referred to by tis gentlaman from Texas were all fully considered. testimony was taken from witnesses, many of whom are now deceased, and it was shown to the satisfaction of the committes that all of the proceedings to which «xception was taken had been carried ©on under the direction of or'with the subsequent approval of the Supreme Court of the District of Columblia. For many years the said cages have heen res adjudicata both before the courts and before the House of Repre- sentatives. Answers Barratry Charges. The gentleman from Texas in com menting upon the fact that 1 had indi- cated to the judges of the local courts that T was willing to be appointed committee in lunacy cases describes such action as barratry. If the tleman from Texas will ask a lawy he will find that barratry s an of- fense of “frequently stirring up suits and quarrels -befween ipdividuals, | either at law or otherwise,” and “the practice iting groundless judicial proceedings” (7 Corpus Juris, 927). As- merting the rights of insane persons and securing such rights through the power and authority and protection of the Equity Court is a far cry from “harratry ‘The gentleman from Texa: ting from the ancient recor ago (Dr. ea Nevitt shown on said invest that T also employ- ed as medical witnesses Drs. Willlam Yleron. Charles S. White, P. C. and Lewis H. Taylor; and it is znificant that the gentleman from Texas also failed to quote my testi- - before sald committee, as re- ed on page 1504, wherein I said h reference to the physicians just Those men, if they have been paid 11, have been paid $10 each in each se in which they testified. In cases where the amounts were small they e simply given to understand by have very readily «greed not to make any charge in such i Turther Quotations. The gentleman from Texas quoted ny testimony as follows: regards men who are soldiers, no reason why Congress 11d not_control the whole thing. It 1d probably take the form of an authorizing the department to pay The arrcarages directly to the superin tendent of the hospital, just us was ne in the matter of pensions. There is no doubt that Congress can have sull authority over any fund coming from the United States, In addition to the foregeing 1 testi- | fied, although the gentieman from Texas omitted this excerpt, as follows: Dr. White—I do not know that I recall any case where the patient's wishes have governed the situation, but there have been & number of cases where the wishes of relatives have. We never make any objection to any one whom the relatives desire to have designated. The Chairman—Doctor, when this petition is prepared is there a nomina- tion of some particular person for guardian? Dr. White—In th The Chairman eI Dr. Whité—Yes, sir; Mr. Fenning has usually been mentioned in the pe- tition. Mr. Smyser—Why? is he usually mentioned? Dr. White—I will tell vou, sir. Be- fore I came to the hospital the qu tion of the appointment of guardians was taken up by Dr. Richardson with the Interfor Department, and was gone over at great length, and subse- quently when 1 came I took it up with the Interior Department, and, the necesstiy for a guarlian being evident in a considerable number of cases and the undesirability of having the super- intendent act as guardian, of course, made it necessary. The chairman—Let me interrupt vou right there. Had the superintend- ent. often acted as guardian in other cases before you came there? Worked for Nothing. Dr. White—I think Dr. Richardson objected very seriously to acting as guardian, and I should object, too. I would not want to do it. I not only would not want the additional work, but T do not think it would hardly be a proper function for me to as- sun It was suggested then by the department, and concurred in by Dr. lichardson then and by myself after- ward, that some responsible and prop- er legal man in the District might be generally designated to do that work. The reason for designating one man rather than designating a gifferent person each time is that there are a great many people who have very small amounts of money, and if a guardian was appointed who was very stringent in getting his portion of the money allowed him under the faw the patient oftentimes would not have practicaly anything left. Mr. Fenning has acted in a number of cases, and in a considerable number of cases he has charged the minimum fees, and he has often done work for nothing. He can afford to do that if he gets a con- siderable number of cases, but if a sin- gle case of that sort were given to a man who had not perhaps the advan- tage of having the pay from some other cases that amounted to some- thing he maybe would not do it. _The chairman—Did you know Mr. Fenning before you came here? Dr. White—No, sir. The chairman—Had he been ap- pointed guardian in several cases? Dr. White—Before I came’ The chairman—TYes. _ Dr. White—Yes, sir. He was act- ing in that cabacity, as guardian, in a ‘number of cases. Accounts Are Praised. Not only does the foregoing show petition? Why Mr. Smyser ! from Ohio, a member of the commit- | tee) struck the keynote when He asked | whether this thing did not have to be | done. It has got to be done. These | people have got to have a committee | appointed for them if. under the Jaws as they now stand, they are going to set the benefit of the money that is coming tg them. Congress has chang- ed that as regards pensions since the 20th of February, 1905. If Congress wants to make any other change as regards arrears of pay Congress can do it, but we are operating under the law as it now stands. Congress can &0 ahead and legislate if it, wants to. Procedure Ts Unchanged. From the foregoing it -is clear as crystal that 20 years ago I went on record before an official investigating cemmittee as asserting that unless the law was made otherwise it was essen- 1ial in cases, other than pension cases, that committees be appointed by the courts in order that insane persons might obtain that which was due them from the Government. The Congress has at all times before and since the hearings-of 20 years ago heen competent to pass legislation with respect to-funds due insane per- sons from the Government. In the ubsence of such legislation the genéral procedure through the courts for the protection of the property right of in sane persons was the only method by which sbch insane persons could secure such rights until the passage of the World War Veterans' act 1924, under the terms of which the director of the Veterans' Bureau was author- i7ed to pay compensation in certain vases directly to medical officers in charge of hospitals. T am in no wise responsible for the failure of the Corgress to legislate, and it js fortunate that in the ab- sence of such legislation 1 acted as yart of the machinery of a United States Court in ol ning the estates «©f persons non campos, so that, under the direction and with the approval of a United States Court, such estates could be used so far as necessary for the benefit of .such unfortunates, and the balance bioperly conserved under ample bond and under the criitcal scrutiny and annual inspection of a United States Court. : Explains Veterans' Cases. The gentleman from Texas intro- duced in his speech an extract from a report of Dr. Stickney of the Vet erans’ Bureau, in which it was said that 1 “oppose the transfer of his wards from St. Elizabeth’s Hospital 10 any other hospital outside of this jurisdiction: - It has_been learned nnofficially that Dr. White, superin- 1endent. is véry friendly to Mr. Fen- ning. Question is raised as to the propriety of allowing one attorney in he city to obtain guardianship of so many “of the beneficiaries of the bureau.” 1 assert that in no case have I opposed a transfer from 8t. Elizabeth's Hospital where the relatives wanted the transter and had proper facilities either in their ‘homes of in hearby hospitals for the care of the wards, and that the only cases in which I have questioned the advisability of making transfers have been cases in which the request had not enamated from relatives and in which the trans- fers were determined upon by the Veterans' Bureau for other reasons. My objection in such cases was based upon the fact of the wards being for the time werds of the Supreme Court of the District of Columbia, but in ‘:ch cases the transfers were usually ade by the Veterans' Bureau. In the above quotation, on which #ome emphasis is laid by the gentle- man from Texas, Dr. Stickney under- takes to raise a question as to one wttorney being guardian in a number of cases. The reason for this practice in not far to seek. It is set out at length in the testimony of Dr. White in “answer to interrogatories from Representatives Olcott (the chairman), ¥lay, and Smyser, members of the | auditor of the that it was with the approval of the Interior Department, but my integrity with respect to these cases and my standing at the bar was In evidence before the committee 20 years ago in the testimony of Col. James G. Payne, then and for s preceding the upreme Court of the District of Columbia. ¥rom Col. Payne's testimony this excerpt is mage: The acting chairman—Up to this time. in the discharge of his duty as committee, what have vou discov- ered by way of irregularity 'If -any- thing? Mr. Payne—Not anything at all. Mr. Fenning's accounts are very well *ept. All of his claims of credit for xpenditures are accounted for by vouchers in proper- form, and his cases evidence a great deal of care for the estate and a great deal of care for the lunatic, and attention to his wants and providing him with a necessary outfit and clothing. He Fashion Shop have their wear Suits. Ably tailored ing these days. value. @ommittee. Hay~If. & D mind is ®uch that he can feasonably consult with you as to who he wants Yor his suardian, do ybu— ‘White—we never make any Downtown 9th 8 E ‘Opposits Thempeon's - ©objection io.any suggestion.. . r Mr. Hay—De you ‘yield to his wishea? WORUMBO | The Tashion shop] FRED PELZMAN, President 'HE EVENING has wm-huulhouuhl:o of l:..‘ Eliza, beth's where he removed .. patient af the reguest f the famifly or for other purposes, such as the comfort and converilence of the fam- fly. In all cases I have found his accounts in perfect shape. The al- lowance of commissions to the guar- dian, as I have said before, varies generally from 5:to 10 per cent of the receipts. Mr. Fenning has, in & great many cases, collected money belonging to the lunatic or to which he was entitled, and I take that in consideration when I come to fix his particular case. An Element of Compensation. i The acting chairman—In other words, you regard that as a rendition of services beneficial to the estate, and you make compensation accordingly? Mr. Payne—Undoubtedly. He avolds, in such cases, the employment of & special attorney to collect that money, or to secure it, and it is one of the elements or one of the ingredients of his service fer which he should be compensated. The acting chairman—Oh, you mean that instead of employing counsel, who might be allowed a separate fee, he does that work, and you make an increased allowance to him ss com- mittee? Mr. Payne—I take that into account in making his allowance. Mr. Hay—Is there any rule of law, Mr. Payne, which authorizes you to take a thing of that kind into account? Mr. Payne—No; it is a circumstance in the case. Mr. Hay—Is thes any rule of law, or any rule of the court, fixing the componlt?'.\on. or the per cent, of the guardian Mr, Payne—No, sir; I have fust sald that while there is no rule on that sub- ject, the practice has grown up in the court which is almost tantamount to a rule, that not less than § nor more than 10 per cent should be allowed. Mr, Hay—Is 10 per cent @s high as o eyneTes ot 7. Payne—VYes, sir. Mr, Hay—Would you regard a per- centage of more than 10 per cent as being more than ought to be allowed in any case? Mr. Payne—As purely commission, 1 should never make allowance te that amount—beyond 10 per cent. Mr, Hay—Have you ever, in any case in which Mr, Fenning or anybody else was lnt?mulod. allowed more than 0 per cent: 2 l::’lynhl do not think I have. I think I may say very positively that I have not. Mr, Hay—You have said that there were some cases that did not go be- “3 wl’tyn“' -Yes Mr. Hay—Cases where the guard- fan made his report directly to the court? Files With Court First. Mr. Payne—Well, in the case of some guardians or committees, as we call them, they always do that. Mr. Fenning always does it. e files his account with the court first, and then the court sends it to me, The acting chalrman—What {s Mr. Fenning's standing at the bar here, if you know? . Mr. Payne—It is the best, sir, as far as I know. I have never heard any suggestion or intimation to the contrary. I have known Mr, Fenning for a few years now, and I believe that I know all about the bar. I come in contact with 'most all of them continually. I never heard Mr. Fenning spoken of in any other terms than excellent. Again these facts were established 20 years ago by the testimony of James L. Davenport, first Deputy Commissioner of Pensions and later Commissioner of Pensions, as set out on pages 1481 and 1, Record, from which the following ex- cerpt is made: The acting chairman—Deo you know Mr. Fenning? Mr. Davenport—Yes, sir. The acting chalrman—How long have you known him? Mr. Davenpert—I should about 15 years, or perhaps 20. Employed in Pensien Service. The acting chairman—Was he ever employed in the pension service? Mr. Davenport—He was employed in the pension agency. 'T);a acting chairman—Here in the ety Mr. Davenport—Yes, sir. The acting chairman—Do you know of his being committee for a goodly number of old soldiers over here at St. Elizabeth’ Mr. Davenport—I do. think You'll hear a lot; about The millinery shops have no patent on Spring. Spring Many Washingtonians are showing good taste and good judgment by choosing Double- Men, too, interests. and .smartly styled—and a whale of a good value—$35. Tailored of Hard Worsteds that kold the $réss. Talk about a good buy—what do you think of the famed M;d- dishade Blue Serge Suits at $35? That's the Fashion Shop ofle = Come in—and bring her— she's a good judge of quality and Uptewn o Ketws Remember Nest We:flome of the OVERCOAT the | know NG STAR., WASHI The acting cbairman—What do you | trui bout the manner of his hand- ling the business committed to him, in that capacity? Mr, Davenport—He has handled it well, a8 far as I know. ‘We bave had |ord wi no fault to find m him, The uth:g chairman—Dees your office re also keep a sort of that the old soldier is treated falrly? Mr. Davenport—We try to. aots if anythi g being committee through any collusion or connivance with anybody? Mr. Davenport—I do not think that would be possible. I do not see how it could be done. We inspect the pa- pers as they come to us—the gaur- dianship papers that come through the courts, I do not see how there could be any connivance. The acting chalrman—And so far as your office is concerned, how is he, by way of looking after the interests of his wards? Mr, Davenport—He looks after them well, as far as we know. We have no fault to find with him at all. I can say : Mr, Fenning was one of our D._C, d clerks before he left. He 5 left the service voluntarily. Another Important Matter. One more quotation from the Rec- ich the gentleman from Texas thinks is so important, but which he failed to bring before the attention of the House in his speech, is from my | g1 testimony as recorded on page 1508: ““That is another feature that I ask you to take into consideration, that if & man handles a great deal of this kind of business he can do the work for less money. I can afford to handle & case like this case of Miss Hart, which was very small, for absolutely Ro compensation, or this case of An- drew Kopeso for a fee of $6 and some cents, because the hospital will eend me other cases from time to time in which I can get a reasonable compen- sation. Certainly if I did not get the bulk of the bulrneu of that kind I should not pay any attention to a case that did not pay a reasonable fee. I place too high a value on my time. I would not take up a case in which I could not see something ahead unless I was getting more busi- ness of the same kind. 1414 appointed in sugges- tion of Dr. White, who filed the peti- tion. The man had no relstives at “My final account, which was sub- mitted to the court eand approved January 11, 1906, shows that I took in altogether $250.72 belonging to that man. I was allowed a commis- sion of 8 per cent, and out of that I had to pay §5 for my bond, and I paid for the ward’s burial, and that left a balance in my han amounting to less than $75. I suggested in my pe- tition that 'in view of the apparent absence of heirs in this case and aleo the small amount remaining, the committee is of the opinion that this estate can best be closed by author- izing the purchase by the committee of a suitable headstone to be erected over the grave of the ward.’ “The court agreed at the time, and he _considered that a very proper di (Continued on Sixth Page.) 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